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FORMS OF
INTELLECTUAL
PROPERTY
- Intellectual property rights (IPRs) are rights
governed by statute that provide individuals
with a right to prevent others from exploiting
or abusing their intellectual creations.
- PATENTS
- A patent is a legal title granted to an
applicant for protection of an invention. It
is a registerable form of IP. It must be
applied for at a patent office by submission
of a ‘patent specification’ disclosing how the
invention works.
- Conventions and treaties
- Every country’s legislation
includes laws for the
protection of IP, in which
there is a provision for
patent laws to govern the
protection of inventions in
that country.
- Every country’s legislation
includes laws for the
protection of IP, in which
there is a provision for
patent laws to govern the
protection of inventions in
that country.
- Patent Cooperation Treaty
- The PCT was established in 1970 and
currently has a membership of 144
contracting states. The benefit of a country
being a party to this treaty is that a national
or resident of a PCT state needs to file only
one application in order to obtain patent
protection in any of the countries that are
members of the PCT treaty.
- By: Ivan Dario Gomez Tique Group: 312032_12 Septiembre 2016
- By: Ivan Dario Gomez Tique Group: 312032_12 Septiembre 2016
- The PCT was established in 1970 and
currently has a membership of 144
contracting states. The benefit of a country
being a party to this treaty is that a national
or resident of a PCT state needs to file only
one application in order to obtain patent
protection in any of the countries that are
members of the PCT treaty.
- Requirements for a Patent
- The invention must be
novel (new); It must
involve an inventive step
(not obvious); It must be
capable of industrial
application; and It must
not fall into the ‘excluded’
category for
non-patentable matter.
- The invention must be
novel (new); It must
involve an inventive step
(not obvious); It must be
capable of industrial
application; and It must
not fall into the ‘excluded’
category for
non-patentable matter.
- Conventions and treaties
- A patent is a legal title granted to an
applicant for protection of an invention. It
is a registerable form of IP. It must be
applied for at a patent office by submission
of a ‘patent specification’ disclosing how the
invention works.
- COPYRIGHT
- Copyright is a form of IP designed to
protect the rights of a creator of literary
and artistic works, computer programs
and databases. It does not provide
protection for the ideas, concepts or
inventions in these works per se.
- Works Protected
by Copyright
- Typical works covered by copyright are:
original literary, dramatic, musical and
artistic works, published editions of works,
sound recordings, films, videos, broadcasts
and cable programmes, computer programs
and databases.
- Typical works covered by copyright are:
original literary, dramatic, musical and
artistic works, published editions of works,
sound recordings, films, videos, broadcasts
and cable programmes, computer programs
and databases.
- International Protection
- While there is no all-governing ‘international copyright’ to
protect a creator’s work worldwide, there are international
treaties that deal with copyright and to which most countries
have signed up, notably the Berne Convention for the
protection of literary and artistic works, and the Universal
Copyright Convention (UCC)
- While there is no all-governing ‘international copyright’ to
protect a creator’s work worldwide, there are international
treaties that deal with copyright and to which most countries
have signed up, notably the Berne Convention for the
protection of literary and artistic works, and the Universal
Copyright Convention (UCC)
- Registration of
Copyright
- As mentioned already, there is no
requirement to register a work in order to
obtain copyright protection. However, the
laws of some countries do require
registration in order to have a formal
record of the work that is protected by
copyright.
- As mentioned already, there is no
requirement to register a work in order to
obtain copyright protection. However, the
laws of some countries do require
registration in order to have a formal
record of the work that is protected by
copyright.
- Works Protected
by Copyright
- Copyright is a form of IP designed to
protect the rights of a creator of literary
and artistic works, computer programs
and databases. It does not provide
protection for the ideas, concepts or
inventions in these works per se.
- TRADE MARKS
- A trade mark is the symbol by which
the goods of a particular manufacturer
or trader can be identified and
distitnguished from he goods of others.
- Registration of a
Trade Mark
- It may be possible in certain
countries for a company to assert
‘unregistered rights’ over a mark if it
has been used by the company in the
marketplace for some time and has
become synonymous with the
company and its goods (without
infringing the registered mark of
another business).
- It may be possible in certain
countries for a company to assert
‘unregistered rights’ over a mark if it
has been used by the company in the
marketplace for some time and has
become synonymous with the
company and its goods (without
infringing the registered mark of
another business).
- International Registration
- the CTM office in Alicante, Spain,
at the Office for Harmonization
in the Internal Market (OHIM).
Registration of a trade mark
under the CTM system then
provides protection in all
member states of the EU.
- the CTM office in Alicante, Spain,
at the Office for Harmonization
in the Internal Market (OHIM).
Registration of a trade mark
under the CTM system then
provides protection in all
member states of the EU.
- Trade Mark Use
- It is important to
understand the
grammatical nature and
use of a trade mark. A
trade mark is an adjective
and not a noun or a verb,
which are ‘generic terms’.
- It is important to
understand the
grammatical nature and
use of a trade mark. A
trade mark is an adjective
and not a noun or a verb,
which are ‘generic terms’.
- Registration of a
Trade Mark
- A trade mark is the symbol by which
the goods of a particular manufacturer
or trader can be identified and
distitnguished from he goods of others.
- DESIGN RIGHT
- Traditionally, most EU Member States operated a system
for protection of industrial designs associated with the
‘artistic’ or ‘aesthetic’ features of a design.
- The Community Design
- Traditionally, most EU Member States operated a
system for protection of industrial designs
associated with the ‘artistic’ or ‘aesthetic’ features
of a design.
- Traditionally, most EU Member States operated a
system for protection of industrial designs
associated with the ‘artistic’ or ‘aesthetic’ features
of a design.
- Registered Community
Design
- Application for a Community Design is filed at the same
office as that for registering trade marks – OHIM in
Alicante, Spain.
- Application for a Community Design is filed at the same
office as that for registering trade marks – OHIM in
Alicante, Spain.
- Unregistered Community Design
- This right is more akin to copyright
protection of a design – that is, the owner can
prevent others from copying the design, but
does not have a monopoly on the design,
which is the important difference between
this right and that for a registered design
- This right is more akin to copyright
protection of a design – that is, the owner can
prevent others from copying the design, but
does not have a monopoly on the design,
which is the important difference between
this right and that for a registered design
- The Community Design
- Traditionally, most EU Member States operated a system
for protection of industrial designs associated with the
‘artistic’ or ‘aesthetic’ features of a design.
- PATENTS
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